Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.
This chapter shall be known, and may be cited, as the Leroy F. Greene School Facilities Act of 1998.
Article 1 - General Provisions
California Education Code — §§ 17070.10-17070.99
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Sections (42)
Amended by Stats. 2024, Ch. 81, Sec. 1. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.
For purposes of this chapter, the following terms have the following meanings, unless a different meaning appears from the context:
(a)“Apportionment” means an allocation of funds for the purpose of eligible new construction, modernization, or hardship approved by the board for an applicant school district.
(b)“Assessed value” means the dollar value assigned to a property for purposes of measuring applicable taxes. An assessed
valuation is used to determine the value of a residence for tax purposes and takes comparable sales of residential buildings and inspections into consideration.
(c)“Attendance area” means the geographical area serving an existing high school and those junior high schools and elementary schools included therein.
(d)“Authority” means the California School Finance Authority.
(e)“Board” means the State Allocation Board as established by Section 15490 of the Government Code.
(f)“Committee” means the State School Building Finance Committee established pursuant to Section 15909.
(g)“County fund” means a county school facilities fund established pursuant to Section 17070.43.
(h)“Department” means the Department of General Services.
(i)“Fund” means the applicable 1998 State School Facilities Fund, the 2002 State School Facilities Fund,
the 2004 State School Facilities Fund, established pursuant to Section 17070.40, the 2016 State School Facilities Fund established pursuant to Section 17070.41, or the 2024 State School Facilities Fund established pursuant to Section 17070.42.
(j)“Good repair” has the same meaning as specified in subdivision (d) of Section 17002.
(k)“Gross bonding capacity” means a school district’s capacity to issue debt. Gross bonding capacity is calculated by multiplying the applicable school district’s total assessed value by the school district’s specified tax cap pursuant to Sections 15102, 15106, 15268, and 15270.
(l)“Modernization” means any modification or replacement of a permanent structure that is at least 25 years old, or in the case of a portable classroom, that is at least 20 years old, that will
enhance the ability of the structure to achieve educational purposes.
(m)“Portable classroom” means a classroom building of one or more stories that is designed and constructed to be relocatable and transportable over public streets, and with respect to a single story portable classroom, is designed and constructed for relocation without the separation of the roof or floor from the building and when measured at the most exterior walls, has a floor area not in excess of 2,000 square feet.
(n)“Property” includes all property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of this chapter.
(o)“Small school district” means a school district with an enrollment of fewer than 2,501 pupils.
(p)“School building capacity” means the capacity of a school building to house pupils.
(q)“School district” means a school district or a county office of education. For purposes of determining eligibility under this chapter, “school district” may also mean a high school attendance area.
Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.
The Director of General Services shall administer this chapter and shall provide assistance to the board as it requires.
Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.
The department shall first publish applications for funding under this chapter by November 4, 1998, and shall be prepared to receive and expeditiously act upon applications on and after that date.
Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.
The State Allocation Board is continued in existence for the purpose of this chapter. The members of the board and the Members of the Legislature meeting with the board shall have no compensation for their services under this chapter, but shall be reimbursed for their actual and necessary expenses incurred in connection with the performance of their duties pursuant to this chapter, to be paid as an administrative expense.
Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.
(a)The board shall adopt guidelines for use by districts by June 30, 1999, to achieve measurable reductions in the costs of school facilities construction.
(b)The guidelines shall include, but need not be limited to, all of the following:
(1)Mechanisms designed to reduce the costs of professional fees.
(2)Mechanisms designed to reduce the costs of site preparation.
(3)Recommendations for the use of alternate cost-saving construction materials and methods.
(4)Recommendations regarding the joint use of core facilities.
(5)Mechanisms designed to reduce costs by incorporating efficiencies in schoolsite design.
(6)Recommendations regarding the use of cost-effective, efficient reusable facility plans.
(c)If a school district’s matching funds include fees charged pursuant to Section 17620 or pursuant to Section 65995.5 or 65995.7 of the Government Code, or if a district receives funds pursuant to this chapter, the district shall consider the guidelines developed pursuant to this section as fully as is practicable.
(d)When the board adopts the guidelines, it shall not include any recommendation that would have a significant detrimental effect on educational programs.
Amended by Stats. 2002, Ch. 33, Sec. 2. Effective April 29, 2002.
(a)In addition to all other powers and duties as are granted to the board by this chapter, other statutes, or the California Constitution, the board shall do all of the following:
(1)Adopt rules and regulations, pursuant to the rulemaking provisions of the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, for the administration of this chapter. However, the board shall have no authority to set the level of the fees of any architect, structural engineer, or other design professional on any project. The initial regulations adopted pursuant to this chapter shall be adopted as emergency regulations, and the circumstances related to the initial adoption are hereby deemed to constitute an emergency for this purpose. The initial regulations adopted pursuant to this chapter shall be adopted by November 4, 1998. If the initial regulations are not adopted by that date, the board shall report to the Legislature by that date, explaining the reasons for the delay.
(2)Establish and publish any procedures and policies in connection with the administration of this chapter as it deems necessary.
(3)Determine the eligibility of school districts to receive apportionments under this chapter.
(4)Apportion funds to eligible school districts under this chapter.
(b)The board shall review and amend its regulations as necessary to adjust its administration of this chapter to conform with the act that amended this section to add this subdivision. Regulations adopted pursuant to this subdivision shall be adopted by November 5, 2002, and shall be adopted as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of any emergency regulation pursuant to this subdivision filed with the Office of Administrative Law shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Notwithstanding subdivision (e) of Section 11346.1 of the Government Code, any emergency regulation adopted pursuant to this section shall remain in effect for no more than 365 days unless the board has complied with Sections 11346.2 to 11348, inclusive, of the Government Code.
Amended by Stats. 2006, Ch. 35, Sec. 1. Effective May 20, 2006. Operative after November 7, 2006, pursuant to Sec. 25 of Ch. 35, and adoption of Prop. 1D.
(a)(1) A fund is hereby established in the State Treasury to be known as the 1998 State School Facilities Fund. All money in the fund, including any money deposited in that fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to this chapter.
(2)The board may apportion funds to school districts for the purposes of this chapter from funds transferred to the 1998 State School Facilities Fund from any source.
(3)The board may make apportionments in amounts not exceeding those funds on deposit in the 1998 State School Facilities Fund, and any amount of bonds authorized by the committee, but not yet sold by the Treasurer.
(4)The board may make disbursements pursuant to any apportionment made from any funds in the 1998 State School Facilities Fund, irrespective of whether there exists at the time of the disbursement an amount in the 1998 State School Facilities Fund sufficient to permit payment in full of all apportionments previously made. However, no disbursement shall be made from any funds required by law to be transferred to the General Fund.
(b)(1) A fund is hereby established in the State Treasury to be known as the 2002 State School Facilities Fund. All money in the fund, including any money deposited in that fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to this chapter.
(2)The board may apportion funds to school districts for the purposes of this chapter from funds transferred to the 2002 State School Facilities Fund from any source.
(3)The board may make apportionments in amounts not exceeding those funds on deposit in the 2002 State School Facilities Fund, and any amount of bonds authorized by the committee, but not yet sold by the Treasurer.
(4)The board may make disbursements pursuant to any apportionment made from any funds in the 2002 State School Facilities Fund, irrespective of whether there exists at the time of the disbursement an amount in the 2002 State School Facilities Fund sufficient to permit payment in full of all apportionments previously made. However, no disbursement shall be made from any funds required by law to be transferred to the General Fund.
(c)(1) A fund is hereby established in the State Treasury to be known as the 2004 State School Facilities Fund. All money in the fund, including any money deposited in that fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to this chapter.
(2)The board may apportion funds to school districts for the purposes of this chapter from funds transferred to the 2004 State School Facilities Fund from any source.
(3)The board may make apportionments in amounts not exceeding those funds on deposit in the 2004 State School Facilities Fund, and any amount of bonds authorized by the committee, but not yet sold by the Treasurer.
(4)The board may make disbursements pursuant to any apportionment made from any funds in the 2004 State School Facilities Fund, irrespective of whether there exists at the time of the disbursement an amount in the 2004 State School Facilities Fund sufficient to permit payment in full of all apportionments previously made. However, no disbursement shall be made from any funds required by law to be transferred to the General Fund.
(d)(1) A fund is hereby established in the State Treasury, to be known as the 2006 State School Facilities Fund. All money in the fund, including any money deposited in that fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to this chapter.
(2)The board may apportion funds to school districts for the purposes of this chapter from funds transferred to the 2006 State School Facilities Fund from any source.
(3)The board may make apportionments in amounts not exceeding those funds on deposit in the 2006 State School Facilities Fund, and any amount of bonds authorized by the committee, but not yet sold by the Treasurer.
(4)The board may make disbursements pursuant to any apportionment made from any funds in the 2006 State School Facilities Fund, irrespective of whether there exists at the time of the disbursement an amount in the 2006 State School Facilities Fund sufficient to permit payment in full of all apportionments previously made. However, no disbursement shall be made from any funds required by law to be transferred to the General Fund.
Creation of 2016 State School Facilities Fund.
(a)A fund is hereby established in the State Treasury, to be known as the 2016 State School Facilities Fund. All money in the fund, including any money deposited in that fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to this chapter.
(b)The board may apportion funds to school districts for the purposes of this chapter, as it read on January 1, 2015, from funds transferred to the 2016 State School Facilities Fund from any source.
(c)The board may make
apportionments in amounts not exceeding those funds on deposit in the 2016 State School Facilities Fund, and any amount of bonds authorized by the committee, but not yet sold by the Treasurer.
(d)The board may make disbursements pursuant to any apportionment made from any funds in the 2016 State School Facilities Fund, irrespective of whether there exists at the time of the disbursement an amount in the 2016 State School Facilities Fund sufficient to permit payment in full of all apportionments previously made. However, no disbursement shall be made from any funds required by law to be transferred to the General Fund.
Added by Stats. 2024, Ch. 81, Sec. 2. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.
(a)A fund is hereby established in the State Treasury, to be known as the 2024 State School Facilities Fund. All money in the fund, including any money deposited in the fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to this chapter.
(b)The board may make apportionments in amounts not exceeding those funds on deposit in the 2024 State School Facilities Fund, and any amount of bonds authorized by the committee, excluding any amount of refunding bonds authorized by the committee in accordance with Section 101430, but not yet
sold by the Treasurer.
(c)The board may make disbursements pursuant to any apportionment made from any funds in the 2024 State School Facilities Fund, irrespective of whether there exists at the time of the disbursement an amount in the 2024 State School Facilities Fund sufficient to permit payment in full of all apportionments previously made. No disbursement shall be made from any funds required by law to be transferred to the General Fund.
Amended by Stats. 2024, Ch. 81, Sec. 3. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.
(a)A county school facilities fund is hereby established in the county treasury within each county for each school district in the county.
(b)The board may from time to time authorize the Controller to transfer any funds that the board may deem necessary from the 1998 State School Facilities Fund, the 2002 State School Facilities Fund, the 2004 State School Facilities Fund, the 2006 State School Facilities Fund, the 2016 State School Facilities Fund, or the 2024 State School Facilities Fund, as the case may be, to the corresponding county fund in the
county treasury. Interest on all funds deposited in the county fund shall be retained in that fund.
(c)Funds may be expended from the county fund by the recipient school district for qualifying school facilities expenditures set forth in Sections 17072.35 and 17074.25.
Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.
This chapter shall not be construed to change the powers and duties of the State Department of Education or the Department of General Services with respect to schoolsites and the construction of school buildings as contained in Chapter 1 (commencing with Section 17211) and Chapter 3 (commencing with Section 17251) of Part 10.5.
Added by Stats. 2002, Ch. 935, Sec. 1. Effective January 1, 2003.
(a)For projects funded under this chapter, the following state agencies are deemed not to be the lead agency for the purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code):
(1)The board.
(2)The Department of General Services.
(3)The Office of the State Architect.
(4)The Office of Public School Construction.
(5)The State Department of Education, except as appropriate for projects relating to the California School for the Deaf and the California School for the Blind.
(b)This section is declaratory of existing law.
Amended by Stats. 1999, Ch. 992, Sec. 1. Effective January 1, 2000.
The board shall not apportion funds to any school district, unless the applicant school district has certified to the board that the services of any architect, structural engineer, or other design professional for any work under the project have been obtained pursuant to a competitive process that is consistent with the requirements of Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code and has obtained the written approval of the State Department of Education that the site selection, and the building plans and specifications, comply with the standards adopted by the department pursuant to subdivisions (b) and (c), respectively, of Section 17251.
Amended by Stats. 2024, Ch. 81, Sec. 4. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.
(a)If any certified eligibility or funding application related information is found to have been falsely certified by school districts, architects, or design professionals, hereinafter referred to as a material inaccuracy, the Office of Public School Construction shall notify the board.
(b)The board shall impose the following penalties if an apportionment and fund release has been made based upon information in the project application or related materials that constitutes a material inaccuracy.
(1)Pursuant to a repayment schedule that is approved by the board of no more than five
years, the school district shall repay to the board, for deposit into the 1998 State School Facilities Fund, the 2002 State School Facilities Fund, the 2004 State School Facilities Fund, or the 2024 State School Facilities Fund, as the case may be, an amount proportionate to the additional funding received as a result of the material inaccuracy including interest at the rate paid on moneys in the Pooled Money Investment Account or at the highest rate of interest for the most recent issue of state general obligation bonds as established pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, whichever is greater.
(2)The board shall prohibit the school district from self-certifying certain project information for any subsequent applications for project funding for a period of up to five years following the date of the finding of a material inaccuracy or until the district’s repayment of the entire amount owed under paragraph (1). Although a school district that is subject to this paragraph may not self-certify, the school district shall not be prohibited from applying for state funding under this chapter. The board shall establish an alternative method for state or independent certification of compliance that shall be applicable in these cases. The process shall include, but shall not be limited to, procedures for payment by the school district of any increased costs associated with the alternative certification process.
(c)For school
districts found to have provided material inaccuracies when a funding apportionment has occurred, but no fund release has been made, the board shall direct its staff to reduce the apportionment as necessary to reflect the actual nature of the project and to disregard the inaccurate information or material, and paragraph (2) of subdivision (b) shall apply.
(d)For those school districts found to have provided material inaccuracies when no funding apportionment or fund release has been made, the inaccurate information or materials shall not be considered, and paragraph (2) of subdivision (b) applies. The project may continue if the application, minus the inaccurate materials, is still complete.
Added by Stats. 2007, Ch. 519, Sec. 1. Effective January 1, 2008.
(a)The State Department of Education shall include in its application for new construction plan approval developed pursuant to the authority established in Section 17070.50 the following questions:
“Does the project include a school that will have a career technical education component and classroom space to accommodate that career technical education program? If not, how will the school district meet the needs for career technical education of pupils housed by the proposed new school facilities?”
“How is the need for vocational and career technical education facilities, as required pursuant to Section 17070.955 of the Education Code, identified?”
(b)The State Department of Education shall maintain the answers to the questions required by subdivision (a) that have been received from applicant school districts in a publicly accessible manner and shall provide a summary of the responses to the Office of Public School Construction on a quarterly basis. The Office of Public School Construction shall post each summary on its Web site as soon as possible after receiving it.
Added by Stats. 2014, Ch. 39, Sec. 1. (SB 869) Effective June 20, 2014.
(a)The Office of Public School Construction shall report to the board and the Legislature by March 1, 2015, on efforts to streamline and speed up the award of seismic mitigation funds.
(b)The report required to be submitted to the Legislature shall be submitted in accordance with Section 9795 of the Government Code.
(c)This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date.
Added by Stats. 2024, Ch. 81, Sec. 5. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.
(a)As a condition of participating in the school facilities program, a school district shall submit to the department a five-year school facilities master plan, or updated five-year school facilities master plan, approved by the governing board of the school district.
(b)The school facilities master plan submitted pursuant to subdivision (a) shall include information on the school district’s eligibility for state bond funding pursuant to this chapter.
(c)The school facilities master plan shall include, but is not limited to, all of the following information:
(1)An inventory of existing facilities, sites, and
property pursuant to subdivision (d).
(2)Existing classroom capacity, as determined pursuant to Sections 17071.10 and 17071.25.
(3)Projected enrollment growth for the applicable school district over the next five years, accounting for growth pursuant to Sections 17071.75 and 17071.76.
(4)A capital planning budget outlining the applicable school district’s projects.
(5)The financing and other funding sources that would be used to support the acquisition of the applicable schoolsite, new construction project, modernization project, and lead testing and remediation projects.
(6)Verification of the applicable school district’s current assessed value from the appropriate local government
entity that collects and maintains this information.
(7)The school district’s deferred maintenance plan certified pursuant to Section 17070.75.
(8)A narrative describing how the school facilities master plan is consistent with the goals, actions, and services identified in the school district’s local control and accountability plan for the first state priority, as described in paragraph (1) of subdivision (d) of Section 52060, as it relates to school facilities.
(d)The department, in consultation with the State Department of Education, shall develop guidelines that school districts may use to guide the development of the school facilities master plan required as a condition of participating in the school facilities program. The department, in consultation with the State Department of Education, shall develop
guidelines or standards that school districts shall use to develop and submit the inventory required pursuant to paragraph (1) of subdivision (c) for every school in the school district, including, but not limited to, all of the following:
(1)The year each building at the school that is currently used for instructional purposes was constructed.
(2)The square footage of each building that is currently used for instructional purposes.
(3)The year, if any, each building that is currently used for instructional purposes was last modernized.
(4)The pupil capacity of the school.
(5)The age and number of portable buildings at the school.
(6)Whether the school has any of the following:
(A)A cafeteria or multipurpose room.
(B)A library.
(C)A gymnasium.
(e)The Controller shall include the instructions necessary to verify that all of the required components of this section are reflected in a participating school district’s school facilities master plan in the audit guide required by Section 14502.1, as part of the audit procedures required pursuant to Section 41024.
(f)The school district shall update its school facilities master plan to reflect any changes in enrollment, capacity, or other areas, as appropriate for purposes of participating in the school facilities
program.
Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.
Upon request of any school district, the State Department of Education shall provide assistance in the evaluation and utilization of existing school facilities and the justification of the need for schoolsites, new facilities, and the rehabilitation or replacement of existing facilities, in accordance with board regulations.
Added by Stats. 2024, Ch. 81, Sec. 6. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.
For purposes of determining the points used to compute the required matching funds from local sources applied pursuant to Sections 17072.30 and 17074.16, the department shall compute the sum of the following point computations applicable to each school district:
(a)For each school district, the department shall divide the district’s gross bonding capacity by the district’s total enrollment, as determined for purposes of this chapter.
(1)A school
district determined to have a gross bonding capacity per enrollment of zero dollars ($0) to nine thousand nine hundred ninety-nine dollars ($9,999), inclusive, shall receive four points.
(2)A school district determined to have a gross bonding capacity per enrollment of ten thousand dollars ($10,000) to nineteen thousand nine hundred ninety-nine dollars ($19,999), inclusive, shall receive three points.
(3)A school district determined to have a gross bonding capacity per enrollment of twenty thousand dollars ($20,000) to fifty-four thousand nine hundred ninety-nine dollars ($54,999), inclusive, shall receive two points.
(4)A school district determined to have a gross bonding capacity per enrollment of
fifty-five thousand dollars ($55,000) or more shall receive one point.
(b)(1) For each school district, the department shall identify each district’s unduplicated pupil percentage as determined for purposes of the local control funding formula pursuant to Section 42238.02.
(2)(A) A school district determined to have an unduplicated pupil percentage of between 75 percent and 100 percent shall receive eight points.
(B)A school district determined to have an unduplicated pupil percentage of between 50 percent and 74.99 percent shall receive six points.
(C)A school district determined to have an unduplicated pupil percentage of between 25 percent and 49.99 percent shall receive four points.
(D)A school district determined to have an unduplicated pupil percentage that is 24.99 percent or less shall receive two points.
(c)A school district that has a pupil enrollment of 200 pupils or fewer shall receive two points.
(d)(1) A school district
project that includes the use of a project labor agreement shall receive two points.
(2)For purposes of this subdivision, “project labor agreement” has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(e)The department shall draft regulations for consideration by the board to further clarify the requirements of this section.
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